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New Zealand Overstays


New Zealand Overstays

New Zealand Overstays

A New Zealand Overstay is to remain in New Zealand outside the period of time approved by the authorities of immigration or the period of a permit for a visitor.
The Immigration Act’s Section 7 provides possible reasons that make a person ineligible to come to New Zealand (or unable to be excused from the necessities to avail of a permit). These also include prior deportation or removal, criminal convictions, being a menace to the safety of the public, and participation in terrorism. Aside from legislative reasons for being denied entry, there are policy reasons.


Entry can be denied based on the inability to provide minimum requirements for entry which is applicable to all permits and visas (such as character of health requirements) and/or the particular policy standards for the permit or visa type.

In Section 7 of the Immigration Act, health and character policies all allow for entry to be granted in spite of someone encountering criteria that would ordinarily make them illegal to enter.

Special directions or waivers may be granted relative to the Immigration Act’s section 7, and releases may be made for requirements for character and health policies. Immigration officers are assigned to make such conclusions in most considerations.
The elements used by officers of immigration to determine whether a waiver or special direction is necessary in the circumstances include the severity of the committed crime, the potential cost to medical conditions of New Zealand and the intensity of association to New Zealand (such as instances when the person applying has immediate relatives in New Zealand). The policy of the Government in immigration provides counseling on such things. In the end, it necessitates a sound judgment to be made in each instance. The nature of the responsibility is extremely discretionary.


A person who has been previously deported from New Zealand for overstaying their permit is subject to a ban of 5 years. A special order may be given permitting them to go back to New Zealand before the end of the 5-year ban if they have a partner in New Zealand and have a child who is a citizen of New Zealand. Such a person now satisfies the policy the residence, and the final benefit of granting their entry is conceived to outweigh any risk around their precipitated re-entry.

The Immigration Act’s Section 7 gives clear reasons for refusal to allow entry. These reasons represent the basis for who is unacceptable to come in or stay in New Zealand. It is an important mechanism for New Zealand to convey its sovereign power. Holding a like provision in new legislation is essential.

A discretionary power to make exclusions is also a critical feature of the present system. This permits character or health requirements to be relinquished in those instances where it would be in the interest of New Zealand to sanction a person who didn't initially conform to the requirements.

NZ Overstays

Still, with the combining of present provisions in the Act and the endorsing policy, dangers to the interests of New Zealanders have been named. Simultaneously, the statute law must be conciliatory enough to grant the entry of persons, where this suitable.



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